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I filed my FMLA paperwork to my company for a "doctor certified" illness that falls within the FMLA and ADA guidelines, which placed me off of work and 5 days later, I received a notice in the mail that I was terminated. The company deemed me under FMLA after my 3rd day absent. Is this illegal to do? Also, with the termination letter, they offered me a severance /general release agreement for one months worth of salary. Is any of this illegal?

1 Answer from Attorneys

You can be terminated while taking FMLA leave, but not because of that reason. Was there a valid business reason for your termination? Did they mention any performance-related issues?

The severance agreement is legal, and it is usually extended alongside a release in order to manage their litigation risk. If you sign, you will probably not be able to sue them later for the FMLA violation.